Author: Rice Law

Regardless of whether you are the Petitioner or the Respondent, the injunction process can be extremely confusing. There is no State Attorney representing the interests of the Petitioner. There is no Public Defender to protect the rights of the person accused. Yet, if granted, the Court can place several restrictions on a Respondent, sometimes permanently. If the Respondent fails to comply with the Court’s Order, they can be arrested.

Your average dependency case involves several attorneys, and it is common for the roles to overlap. Often times you will hear several people in the courtroom say that they are arguing for “what is in the best interest of the child,” yet they have different opinions on what that means. The Guardian Ad Litem program […]

The Department won’t always support reunification between a parent and their child. Sometimes, addiction is too big of a challenge for a parent to conquer. Sometimes, socioeconomic status means that some parents will have serious disadvantages that make completing a case plan virtually impossible. Other times, the Department has failed the family due to lack […]

When the Department decides to remove children from their parent’s care, it has one of two options; it can chose to provide the parent(s) with a case plan, or not. A proposed reunification case plan, is a list of tasks/services, that the Department wants the parent(s) to complete before they are reunified with their children. If the Department chooses to not offer a reunification case plan, it is likely seeking to initiate termination of parental rights proceedings. If that is the case, you need to discuss your options with an attorney who is familiar with Dependency Law as soon as possible.

A “Prospective Parent” is a person who claims to be, or has been identified as, a person who may be a mother or a father of a child. A prospective parent, by definition, has not yet been legally recognized as the child’s parent. The distinction between a prospective parent and a legally recognized parent is crucial. While it is certainly possible to have a prospective mother, most of the uncertainty usually lies with the identity of the child’s father. As you will see below, the biological father of the child, is not always recognized as the legal father of the child. When the paternity of the child is uncertain, it is crucial to correct these issues right away, for the sake of the child and the family in general.

Dependency cases can involve several different people. Each one has a title and each one has a specific role to play in the case. However they do not all enjoy the same rights and privileges. Whether you are classified as a “party,” a “participant,” or neither, will indicate whether you have a right to file motions, to visit the child(ren), or to even speak during a hearing.